United States v. Zak et al
| United States |
| Claud III Clark, Robert M McCullough, Nancy Zak, Ralph R Teal, Jr., Ecovest Capital, Inc. and Alan N. Solon |
| Carlos A. Gonzalez |
| 1:2018cv05774 |
| December 18, 2018 |
| US District Court for the Northern District of Georgia |
| Amy Totenberg |
| Taxes |
| 26 U.S.C. § 7407 |
| None |
Docket Report
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This docket was last retrieved on October 20, 2020. A more recent docket listing may be available from PACER.
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| Filing 221 CERTIFICATE OF SERVICE regarding the EcoVest Parties' Third Set of Requests for Production to the United States by Ecovest Capital, Inc., Robert M McCullough, Alan N. Solon, Ralph R Teal, Jr..(Miller, Matthew) |
| Filing 220 CERTIFICATE OF SERVICE Regarding Responses to Discovery Requests by United States.(Darwit, Lauren) |
| Filing 219 RESPONSE re #199 Order Referring Case to Special Master EcoVest Parties' Response to the Special Master's Proposed Discovery Plan and Schedule (ECF No. #213 ) filed by Ecovest Capital, Inc., Robert M McCullough, Alan N. Solon, Ralph R Teal, Jr.. (Razi, Benjamin) |
| Filing 218 RESPONSE in Opposition re #208 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Amended Counterclaim filed by Claud Clark, III filed by Claud III Clark. (Rizek, Christopher) |
| Filing 217 CERTIFICATE OF SERVICE Regarding Objections & Responses to the United States 2nd Request for Production of Documents by Claud III Clark.(Sharkey, Ross) |
| Filing 216 CERTIFICATE OF SERVICE Regarding the Ecovest Parties' Responses to Discovery Requests by Ecovest Capital, Inc., Robert M McCullough, Alan N. Solon, Ralph R Teal, Jr..(Pastan, Nicholas) |
| Filing 215 RESPONSE re #199 Order Referring Case to Special Master United States' Statement Regarding Case Management Order and Discovery Plan filed by Special Master (ECF No. #213 ) filed by United States. (Hines, Erin) |
| Filing 214 RESPONSE re #199 Order Referring Case to Special Master Claud Clark III's Comments on Special Master's Report and Recommendation re #213 filed by Claud III Clark. (Elber, Niles) Modified on 10/14/2020 to edit text(rlb). |
| Filing 213 REPORT AND RECOMMENDATION of Special Master on the Submission of the Proposed Discovery Plan and Scheduling Order, filed by Carlos A. Gonzalez. (Attachments: #1 Stipulation on Deposition, #2 Discovery Plan)(hfm) |
| Filing 212 CERTIFICATE of Compliance re #8 Order, (Darwit, Lauren) |
| Filing 211 NOTICE of Appearance by Lauren Darwit on behalf of United States (Darwit, Lauren) |
| Filing 210 CERTIFICATE OF SERVICE regarding EcoVest Capital, Inc.'s Objections and Responses to the United States Third Set of Interrogatories by Ecovest Capital, Inc., Robert M McCullough, Alan N. Solon, Ralph R Teal, Jr..(Miller, Matthew) |
Filing 209
EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (rvb) (ADI)
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| Filing 208 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Amended Counterclaim filed by Claud Clark, III with Brief In Support by United States. (Attachments: #1 Brief in Support of Motion to Dismiss Amended Counterclaim)(Vanaskie, Thomas) |
| Filing 207 CERTIFICATE OF SERVICE filed by Claud III Clark Regarding Second Set of Requests for Admission, Requests for Production of Documents, and Interrogatories to the U.S. (Sharkey, Ross) |
| Filing 206 Amended COUNTERCLAIM against United States filed by Claud III Clark. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Rizek, Christopher) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
| Filing 205 CERTIFICATE OF SERVICE Regarding Requests for Production by United States.(Phillips, Harris) |
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Filing 204
SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/1/2020. (rvb) (ADI)
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| Filing 203 CERTIFICATE OF SERVICE Regarding Interrogatories by United States.(Phillips, Harris) |
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Filing 202
ORDER granting #161 Motion to Dismiss for Failure to State a Claim. The Counterclaim is DISMISSED WITHOUT PREJUDICE. Signed by Judge Amy Totenberg on 8/24/2020. (bnp)
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| Filing 201 CERTIFICATE OF SERVICE Regarding Responses to Discovery Requests by United States.(Porter, Ann) |
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Filing 200
SIXTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 08/03/2020. (mmc) (ADI)
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Filing 199
ORDER OF APPOINTMENT OF SPECIAL MASTER. Carlos A. Gonzalez appointed. Signed by Judge Amy Totenberg on 7/29/2020. (Attachments: #1 Special Master's Declaration)(bnp)
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Filing 198
ORDER ON OBJECTIONS. The Government's #193 Objections to the Court's Notice to the Parties of Its Intention to Appoint a Special Master, having been fully considered, are DENIED in substantial part but are ADDRESSED WITH CLARIFICATIONS both herein and in the actual Order of Appointment of Special Master issued on this date to the extent that the Court deems such clarifications and limitations to be warranted based on the Objections. Signed by Judge Amy Totenberg on 7/29/2020. (bnp)
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Filing 197
ORDER denying #139 Motion to Strike Affirmative Defenses. Signed by Judge Amy Totenberg on 7/16/2020. (bnp)
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| Filing 196 CERTIFICATE OF SERVICE regarding the EcoVest Parties' Discovery Requests by Ecovest Capital, Inc., Robert M McCullough, Alan N. Solon, Ralph R Teal, Jr..(Miller, Matthew) |
| Filing 195 CERTIFICATE OF SERVICE regarding EcoVest's Responses to the United States' Second Requests for Admission by Ecovest Capital, Inc., Robert M McCullough, Alan N. Solon, Ralph R Teal, Jr..(Miller, Matthew) |
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Filing 194
FIFTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 7/10/2020 (rvb) (ADI)
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| Submission of #189 Order to District Judge Amy Totenberg. (bnp) |
| Filing 193 NOTICE by United States re #189 Order (UNITED STATES OBJECTION TO COURTS NOTICE TO PARTIES OF INTENTION TO APPOINT SPECIAL MASTER) (Attachments: #1 Department Policy Regarding Special Masters, #2 Email to Counsel re: U.S. v. Zak - Proposed Discovery Stipulation)(Rose, Richard) |
| Filing 192 CERTIFICATE OF SERVICE Regarding Requests for Admission by United States.(Phillips, Harris) |
| Filing 191 CERTIFICATE OF SERVICE regarding the EcoVest Parties Objections and Responses to the United States First Sets of Interrogatories by Ecovest Capital, Inc., Robert M McCullough, Alan N. Solon, Ralph R Teal, Jr..(Pastan, Nicholas) |
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Filing 190
FOURTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 07/01/2020. (mmc) (ADI)
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Filing 189
NOTICE TO PARTIES OF INTENTION TO APPOINT SPECIAL MASTER. The Court notifies the parties of the Court's intent to enter the attached Order of Appointment of Special Master on July 8, 2020, unless any of the parties notify the Court of substantive, persuasive objections or concerns that the Court finds should be addressed either by phone conference or modification of the draft Order. Accordingly, any party seeking to raise objections or concerns must file its submission no later than July 7, 2020. The Clerk is DIRECTED to submit this matter to the Court on July 8, 2020. Signed by Judge Amy Totenberg on 7/1/2020. (Attachments: #1 Draft Order of Appointment)(bnp)
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| Filing 188 TRANSCRIPT of Telephone Conference Proceedings held on 6/18/2020, before Judge Amy Totenberg. Court Reporter/Transcriber Shannon R. Welch, RMR, CRR. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/17/2020. Redacted Transcript Deadline set for 7/27/2020. Release of Transcript Restriction set for 9/24/2020. (Attachments: #1 Notice of Filing) (srw) |
| Filing 187 CERTIFICATE OF SERVICE Regarding Objections and Responses to the United States First Requests for Admission. by Claud III Clark.(Elber, Niles) |
| Filing 186 NOTICE Of Filing by United States re #174 MOTION to Amend #1 Complaint, requesting Leave to Amend of proposed amended complaint in track changes (Attachments: #1 Exhibit Proposed Amended Complaint in Track Changes)(Hines, Erin) |
| Filing 185 Minute Entry for proceedings held before Judge Amy Totenberg: Telephone Conference held on 6/18/2020. See Transcript for specifics. (Court Reporter Shannon Welch)(bnp) |
| Submission of #174 MOTION to Amend #1 Complaint, #175 MOTION Relief from Discovery Orders to District Judge Amy Totenberg. (bnp) |
| Filing 184 Request for Leave of Absence for the following date(s): 7/3/2020, 7/6/2020, 7/7/2020, 7/8/2020, 7/9/2020, 7/10/2020, 8/27/2020, by Erin R. Hines. (Hines, Erin) |
| Filing 183 REPLY to Response to Motion re #175 MOTION Relief from Discovery Orders #119 Order on Motion to Dismiss for Failure to State a Claim, #135 Telephone Conference, filed by United States. (Hines, Erin) |
| Filing 182 REPLY to Response to Motion re #174 MOTION to Amend #1 Complaint, requesting Leave to Amend the Complaint filed by United States. (Hines, Erin) |
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Filing 181
THIRD AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 05/26/2020. (rvb) (ADI)
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| Filing 180 RESPONSE in Opposition re #175 MOTION Relief from Discovery Orders #119 Order on Motion to Dismiss for Failure to State a Claim, #135 Telephone Conference, filed by Ecovest Capital, Inc., Claud III Clark, Robert M McCullough, Alan N. Solon, Ralph R Teal, Jr., Nancy Zak. (Attachments: #1 Exhibit Plaintiff March 3, 2020 Email and Letter, #2 Exhibit Email re EcoVest Search Terms)(Razi, Benjamin) |
| Filing 179 RESPONSE in Opposition re #174 MOTION to Amend #1 Complaint, requesting Leave to Amend filed by Ecovest Capital, Inc., Claud III Clark, Robert M McCullough, Alan N. Solon, Ralph R Teal, Jr., Nancy Zak. (Elber, Niles) |
| Filing 178 CERTIFICATE OF SERVICE Regarding Discovery Requests by United States.(Phillips, Harris) |
| Filing 177 Notice for Leave of Absence for the following date(s): June 9 -12, 2020, June 24 - 29, 2020, August 24 - 28, 2020, by Thomas T. Tate. (Tate, Thomas) |
| Filing 176 CERTIFICATE OF SERVICE Regarding EcoVest Capital, Inc.'s Objections and Responses to the United States' Second Set of Interrogatories by Ecovest Capital, Inc., Robert M McCullough, Alan N. Solon, Ralph R Teal, Jr..(Miller, Matthew) |
| Filing 175 MOTION Relief from Discovery Orders #119 Order on Motion to Dismiss for Failure to State a Claim, #135 Telephone Conference, with Brief In Support by United States. (Attachments: #1 Exhibit 20 - Email chain dated November 14, 2017, #2 Exhibit 28 - Email chain ending November 28, 2017)(Hines, Erin) |
| Filing 174 MOTION to Amend #1 Complaint, requesting Leave to Amend with Brief In Support by United States. (Attachments: #1 Exhibit A - Proposed Amended Complaint)(Hines, Erin) |
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Filing 173
SECOND AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 04/30/2020. (rvb) (ADI)
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| Filing 172 Notice for Leave of Absence for the following date(s): May 26,27,28,29, July 6,7,8,9,10, 2020, by Elizabeth L. Clack-Freeman. (Clack-Freeman, Elizabeth) |
| Filing 171 MOTION to Withdraw Casey S. Smith as Attorneyby United States, United States. (Attachments: #1 Text of Proposed Order)(Smith, Casey) |
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ORDER, by docket entry only, granting #171 Motion to Withdraw as Attorney. Attorney Casey S. Smith terminated. By Judge Amy Totenberg on 4/24/20. (hfm)
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| Filing 170 CERTIFICATE OF SERVICE Regarding Interrogatories by United States.(Phillips, Harris) |
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Filing 169
Amended General Order 20-01 re COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/30/20. (mmc) (ADI)
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| Submission of #161 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Counterclaim Filed by Claud Clark, III to District Judge Amy Totenberg. (bnp) |
| Filing 168 REPLY to Response to Motion re #161 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Counterclaim Filed by Claud Clark, III filed by United States. (Vanaskie, Thomas) |
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Filing 167
General Order 20-01 re: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/16/2020. (bnp)
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Filing 166
ORDER AND NOTICE FOR ALL CIVIL CASES ASSIGNED TO DOCKET OF JUDGE TOTENBERG. Signed by Judge Amy Totenberg on 3/17/2020. (bnp)
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| Filing 165 RESPONSE in Opposition re #161 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Counterclaim Filed by Claud Clark, III filed by Claud III Clark. (Attachments: #1 Exhibit 1)(Rizek, Christopher) |
| Filing 164 CERTIFICATE OF SERVICE Regarding Production of Documents by United States.(Aberg, Eric) |
| Filing 163 CERTIFICATE OF SERVICE Regarding Responses to Claud Clark's 1st Set of Interrogatories by United States.(Porter, Ann) |
| Filing 162 CERTIFICATE OF SERVICE Regarding Rule 34 Request to Enter onto Land for Inspection by United States.(Aberg, Eric) |
| Filing 161 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Counterclaim Filed by Claud Clark, III with Brief In Support by United States. (Attachments: #1 Brief in Support of Motion to Dismiss Counterclaim, #2 Exhibit Statements 1 and 2, #3 Exhibit Statement 3, #4 Exhibit Statements 4 and 5, #5 Exhibit Statement 6, #6 Exhibit Statement 7, #7 Exhibit Statements 8 and 9)(Vanaskie, Thomas) |
| Filing 160 CERTIFICATE of Compliance (Saiz, Beatriz) |
| Filing 159 NOTICE of Appearance by Beatriz T Saiz on behalf of United States (Saiz, Beatriz) |
| Filing 158 CERTIFICATE of Compliance re #8 Order, (Vanaskie, Thomas) |
| Filing 157 NOTICE of Appearance by Thomas K. Vanaskie on behalf of United States (Vanaskie, Thomas) |
| Filing 156 CERTIFICATE OF SERVICE Regarding Second Supplemental Response to US's First Request for Production of Documents by Claud III Clark.(Elber, Niles) |
| Filing 155 CERTIFICATE OF SERVICE Regarding Responses to Discovery Requests by United States.(Phillips, Harris) |
| Submission of #139 MOTION to Strike #123 Answer to Complaint, Counterclaim, #124 Answer to Complaint to District Judge Amy Totenberg. (bnp) |
| Filing 154 CERTIFICATE OF SERVICE Objections and Responses to United States' 1st Set of Interrogatories by Nancy Zak.(Mulherin, Laura) |
| Filing 153 CERTIFICATE OF SERVICE Regarding Objections and Responses to United States' 1st Set of Interrogatories by Claud III Clark.(Elber, Niles) |
| Filing 152 Certificate of Compliance by United States re #151 Notice of Appearance (Hurley, Charles) Modified on 2/11/2020 to edit event text (bnp). |
| Filing 151 NOTICE of Appearance by Charles P. Hurley on behalf of United States (Hurley, Charles) |
| Filing 150 Surreply re #58 NOTICE of Supplemental Authority filed by Nancy Zak. (tcc) |
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Filing 149
ORDER - The United States' Motion to Strike Affirmative Defenses [Doc. #24 ] is DENIED, and Defendant Zak's Motion to File Surreply [Doc. #67 ] is GRANTED. Signed by Judge Amy Totenberg on 1/29/2020. (tcc)
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| Filing 148 RESPONSE in Opposition re #139 MOTION to Strike #123 Answer to Complaint, Counterclaim, #124 Answer to Complaint (Affirmative Defenses of Nancy Zak and Claud Clark, III) filed by Claud III Clark. (Elber, Niles) |
| Filing 147 RESPONSE in Opposition re #139 MOTION to Strike #123 Answer to Complaint, Counterclaim, #124 Answer to Complaint (Affirmative Defenses of Nancy Zak and Claud Clark, III) final response filed by Nancy Zak. (Little, Samuel) |
| Filing 146 Joint RESPONSE to Order re #135 Telephone Conference filed by United States. (Hines, Erin) Modified on 1/27/2020 to edit text (bnp). |
| Filing 145 CERTIFICATE OF SERVICE Regarding Clark's First Set of Interrogatories to the United States by Claud III Clark.(Leon, Amanda) |
| Filing 144 CERTIFICATE OF SERVICE regarding Objections and Responses to the United States' First Set of Interrogatories by Ecovest Capital, Inc..(Miller, Matthew) |
| Filing 143 TRANSCRIPT of Telephone Conference Proceedings held on 1/10/2020, before Judge Amy Totenberg. Court Reporter/Transcriber Shannon R. Welch, RMR, CRR. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/12/2020. Redacted Transcript Deadline set for 2/24/2020. Release of Transcript Restriction set for 4/21/2020. (Attachments: #1 Notice of Filing Transcript) (srw) |
| Filing 142 RESPONSE re Order,, (Regarding Document Subpoenas) filed by United States. (Attachments: #1 Written Objection, #2 Follow-up Letter)(Phillips, Harris) |
| Filing 141 CERTIFICATE OF SERVICE Regarding Clark's First Set of Requests for Admission and Production of Documents to the United States by Claud III Clark.(Leon, Amanda) |
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ORDER, by docket entry only: The Government is hereby DIRECTED to file with the Court, no later than Wednesday, January 22, 2020, any motions to quash, objections, or similar oppositional statements that have been received by the Government or filed by a third-party in response to a subpoena in this case. The Government is further DIRECTED to file with the Court, no later than Wednesday, January 22, 2020, a definition of the term customer as it used in Exhibit F (Doc. 138-6) to their January 14, 2020 Response to Order Regarding Subpoenas (Doc. 138). By Judge Amy Totenberg on 1/17/20. (hfm)
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ORDER, by docket entry only: The Court is concerned regarding the potentially coercive and misleading nature of the language in the last paragraph of the letter shared by Defendants' counsel on January 15, 2020. (Doc. 140 at 89.) The Court recognizes that this effect may not have been anticipated by the Government. Nevertheless, it is a significant concern. The litigation of this case remains under the supervision of this Court. The Court directs Plaintiff's counsel promptly to change the last paragraph of the letter to read instead: "This letter is a request and not a subpoena. You are under no mandatory legal obligation to respond to this letter. However, I would be most interested in interviewing you and reviewing the documents requested. If you have any questions, I can be reached at (202) 514-5085 or Ann.T.Porter@usdoj.gov. You also may contact my colleague Eric Aberg at (202) 307-6451 or Eric.M.Aberg@usdoj.gov. If you are represented by counsel, please forward this letter to your attorney, and do not contact Mr. Aberg or me directly. Thank you in advance for your cooperation." Plaintiffs' counsel are DIRECTED to send a revised letter to any individuals or companies that have already been issued the January 13, 2020 letter and indicate on the letter's front page, CORRECTED LETTER in bold capitals at the top of the page. SO ORDERED, by Judge Amy Totenberg on 1/17/2020. (hpc)
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| Filing 140 REPLY to United States's submission regarding subpoenas re #138 Response (Non-Motion) filed by Ecovest Capital, Inc., Robert M McCullough, Alan N. Solon, Ralph R Teal, Jr.. (Pastan, Nicholas) Modified on 1/16/2020 to edit text(bnp). |
| Filing 139 MOTION to Strike #123 Answer to Complaint, Counterclaim, #124 Answer to Complaint (Affirmative Defenses of Nancy Zak and Claud Clark, III) with Brief In Support by United States. (Attachments: #1 Text of Proposed Order)(Rose, Richard) |
| Filing 138 RESPONSE re #135 Telephone Conference filed by United States. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Phillips, Harris) |
| Filing 137 Request for Leave of Absence for the following date(s): 1/29-1/31/2020, 2/4/2020, 2/17-2/21/2020, 2/26-2/28/2020, 4/3/2020, 4/23-4/24/2020, 6/17-6/18/2020, by Christopher S. Rizek. (Rizek, Christopher) |
| Filing 136 CERTIFICATE of Compliance re #8 Order, (Rizek, Christopher) |
| Filing 135 Minute Entry for proceedings held before Judge Amy Totenberg: Telephone Conference held on 1/10/2020. The Court takes the parties positions as stated in the Joint Proposed Amended Scheduling Order (doc. 128), and as represented during this teleconference under advisement. The parties are far apart on several issues relevant to the Courts determination of an appropriate and efficient schedule going forward. To that end, Counsel for all parties are encouraged to continue discussions towards identifying a representative sample of properties to focus on for the remainder of discovery, if such a sample can be identified. Counsel are DIRECTED to provide the Court an update no later than Friday, January 24, 2020, informing the Court of the status of their discussions regarding representative sampling, discovery of materials that post-date the complaint filing date, and other issues identified during the teleconference. Furthermore, as discussed during the call, Counsel for the Government is DIRECTED to file no later than Tuesday, January 14, 2020 with the Court (1) the subpoenas that have already been served in this case, and (2) drafts of the subpoenas that the Government plans to serve going forward. The Government is ORDERED to refrain from issuing any additional subpoenas until further notice of the Court. (Court Reporter Shannon Welch)(bnp) |
| Filing 134 Request for Leave of Absence for the following date(s): 1/21-1/24/2020, 3/9-3/12/2020, 4/3/2020, 4/6-4/10/2020, 4/13-4/15/2020, by Niles A. Elber. (Elber, Niles) |
| Filing 133 CERTIFICATE of Compliance re #8 Order, (Elber, Niles) |
| Filing 132 Request for Leave of Absence for the following date(s): 1/24/2020, 1/27-1/31/2020, 2/10/2020, 2/27-2/28/2020, 6/22-6/26/2020, by Ross R. Sharkey. (Sharkey, Ross) |
| Filing 131 Request for Leave of Absence for the following date(s): 1/16-1/17/2020, 5/1/2020, 5/4-5/8/2020, 5/29/2020, 6/12/2020, by Amanda M. Leon. (Leon, Amanda) Modified on 1/10/2020 to edit text (bnp). |
| Filing 130 CERTIFICATE of Compliance re #8 Order, (Leon, Amanda) |
| Filing 129 CERTIFICATE OF SERVICE Regarding Interrogatories to Defendants by United States.(Phillips, Harris) |
| Submission of #128 Joint Proposed Amended Scheduling Order to District Judge Amy Totenberg. (bnp) |
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ORDER, by docket entry only, granting #125 Application for Admission Pro Hac Vice. By Judge Amy Totenberg on 1/7/20. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(hfm)
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| APPROVAL by Clerks Office re: #125 APPLICATION for Admission of Christopher S. Rizek Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9220133). Documents for this entry are not available for viewing outside the courthouse.. Attorney Christopher S. Rizek added appearing on behalf of Claud III Clark, Claud III Clark (pmb) |
| Filing 128 Joint Proposed Amended Scheduling Order by United States re #119 Order on Motion to Dismiss for Failure to State a Claim (Hines, Erin) Modified on 1/7/2020 to edit event text (bnp). |
| Filing 127 CERTIFICATE of Compliance to pro hac admission Mulherin (Little, Samuel) |
| Filing 126 Request for Leave of Absence for the following date(s): February 14, 2020, February 17-18, 2020, March 18-24, 2020, April 3, 2020, April 10, 2020, and April 17, 2020, by Thomas T. Tate. (Tate, Thomas) |
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ORDER, by docket entry only, granting #122 Application for Admission Pro Hac Vice. By Judge Amy Totenberg on 1/3/20. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(hfm)
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| APPROVAL by Clerks Office re: #122 APPLICATION for Admission of Laura C Mulherin Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse.. Attorney Laura Mulherin added appearing on behalf of Nancy Zak (pmb) |
| Filing 125 APPLICATION for Admission of Christopher S. Rizek Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9220133). Documents for this entry are not available for viewing outside the courthouse.by Claud III Clark, Claud III Clark. (Attachments: #1 Text of Proposed Order)(Khayat, Robert) |
| Filing 124 ANSWER to #1 COMPLAINT with Jury Demand by Nancy Zak.(Little, Samuel) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 123 ANSWER to #1 COMPLAINT , COUNTERCLAIM against United States by Claud III Clark.(Khayat, Robert) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 122 APPLICATION for Admission of Laura C Mulherin Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse.by Nancy Zak. (Little, Samuel) |
| RETURN of #120 APPLICATION for Admission of Laura C Mulherin Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9166326). Documents for this entry are not available for viewing outside the courthouse. to attorney for correction re: form. (pmb) |
| Filing 121 CERTIFICATE OF SERVICE Regarding First Supplemental Response to Government's First RFP by Claud III Clark.(Leon, Amanda) |
| Filing 120 APPLICATION for Admission of Laura C Mulherin Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9166326). Documents for this entry are not available for viewing outside the courthouse.by Nancy Zak. (Attachments: #1 Text of Proposed Order proposed order)(Little, Samuel) |
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Filing 119
ORDER: Defendant Zak's #31 Motion to Dismiss is GRANTED as to Count II of the complaint, and DENIED as to Counts I, IV, and V. Accordingly, Count II of the Complaint is DISMISSED without prejudice as to defendant Zak. Defendant Clark's #41 Motion to Dismiss is DENIED as to all counts. Pursuant to this Court's June 28, 2019 Order (Doc. 86), an eight-month discovery period commences upon entry of the instant order. Counsel may proceed with discovery, but shall be confined to fifteen (15) depositions per side, until further order of the Court. A telephone conference is scheduled for Friday, January 10, 2020 at 10:30 a.m. to discuss case planning and any remaining discovery. Counsel are DIRECTED to file a joint amended scheduling order outlining what document discovery needs remain, and a plan for proceeding through the rest of discovery, no later than January 6, 2020. Signed by Judge Amy Totenberg on 12/10/19. (bnp)
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| Filing 118 CERTIFICATE of Compliance re #8 Order, (Porter, Ann) |
| Filing 117 Certification of Consent to Substitution of Counsel. Ann Tillinghast Porter replacing attorney Alison A. Yewdell. (Porter, Ann) |
| Filing 116 Request for Leave of Absence for the following date(s): Dec. 24, 25, 26, 27, Jan. 13, 14, 15, 27, 28, 29, 30, 31, by Erin R. Hines. (Hines, Erin) |
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ORDER, by docket entry only, granting #114 Application for Admission Pro Hac Vice. By Judge Amy Totenberg on 10/16/19. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(hfm)
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| APPROVAL by Clerks Office re: #114 APPLICATION for Admission of Fredrick Eli Nelson Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse.. Attorney Frederick Eli Nelson added appearing on behalf of Nancy Zak (pmb) |
| Filing 115 Certification of Consent to Substitution of Counsel. Amanda M. Leon replacing attorney Sae Jin Yoon. (Leon, Amanda) |
| Filing 114 APPLICATION for Admission of Fredrick Eli Nelson Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse.by Nancy Zak. (Attachments: #1 Text of Proposed Order proposed order)(Little, Samuel) |
| Filing 113 CERTIFICATE OF SERVICE regarding Production of Documents in Response to the EcoVest Parties and Nancy Zak's Requests for Production of Documents to Plaintiff by United States.(Hines, Erin) |
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ORDER, by docket entry only, granting #109 Application for Admission Pro Hac Vice. By Judge Amy Totenberg on 10/4/19. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(hfm)
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ORDER, by docket entry only, granting #108 Application for Admission Pro Hac Vice. By Judge Amy Totenberg on 10/4/19. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(hfm)
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| APPROVAL by Clerks Office re: #108 APPLICATION for Admission of Niles A. Elber Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8966842). Documents for this entry are not available for viewing outside the courthouse.. Attorney Niles A. Elber added appearing on behalf of Claud III Clark (pmb) |
| APPROVAL by Clerks Office re: #109 APPLICATION for Admission of Amanda M. Leon Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8966855). Documents for this entry are not available for viewing outside the courthouse.. Attorney Amanda M. Leon added appearing on behalf of Claud III Clark (pmb) |
| Filing 112 Notice for Leave of Absence for the following date(s): Nov 1,27 Dec 5,6,8,9,23,24,26,27, 2019, by Samuel Fenn Little, Jr. (Little, Samuel) |
| Filing 111 Request for Leave of Absence for the following date(s): November 5-7, 15, 27, 2019, December 23, 24, 31, 2019, and January 13, 14, 2020, by Thomas T. Tate. (Tate, Thomas) Modified on 10/2/2019 to edit text(bnp). |
| Filing 110 Certification of Consent to Substitution of Counsel. Niles A, Elber replacing attorney Matthew C. Hicks. (Hicks, Matthew) Modified on 9/27/2019 to correct substituting counsel (sap). |
| Filing 109 APPLICATION for Admission of Amanda M. Leon Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8966855). Documents for this entry are not available for viewing outside the courthouse.by Claud III Clark. (Attachments: #1 Text of Proposed Order)(Khayat, Robert) |
| Filing 108 APPLICATION for Admission of Niles A. Elber Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8966842). Documents for this entry are not available for viewing outside the courthouse.by Claud III Clark. (Attachments: #1 Text of Proposed Order)(Khayat, Robert) |
| Filing 107 CERTIFICATE OF SERVICE Rule 34 RPD responses by Nancy Zak.(Little, Samuel) |
| Filing 106 CERTIFICATE OF SERVICE filed by United States Regarding Rule 34 Responses Served on Nancy Zak (Rose, Richard) |
| Filing 105 CERTIFICATE OF SERVICE re #90 Certificate of Service filed by United States regarding Production of Documents in Response to the EcoVest Parties First Requests for Production to Plaintiff United States (Nos. 1-24) (Rose, Richard) |
| Filing 104 CERTIFICATE OF SERVICE re #90 Certificate of Service Regarding Rule 34 Responses Served on the EcoVest Parties by United States.(Hines, Erin) |
| RETURN of #103 APPLICATION for Admission of Fredrick Eli Nelson Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8852168). Documents for this entry are not available for viewing outside the courthouse. to attorney for correction re: courts. (pmb) |
| Filing 103 APPLICATION for Admission of Fredrick Eli Nelson Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8852168). Documents for this entry are not available for viewing outside the courthouse.by Nancy Zak. (Little, Samuel) |
| Filing 102 CERTIFICATE OF SERVICE of Response to Government's First RFP by Claud III Clark.(Hicks, Matthew) |
| Filing 101 NOTICE Of Filing by United States re #99 Order,, (Attachments: #1 Exhibit July 30, 2019 Email from the United States)(Hines, Erin) |
| Filing 100 NOTICE Of Filing EcoVest Parties' Email Regarding Third-Party Discovery by Ecovest Capital, Inc., Robert M McCullough, Alan N. Solon, Ralph R Teal, Jr. (Miller, Matthew) |
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Filing 99
ORDER: The Court has reviewed the four categories of third-party discovery presently requested by the Government and agrees that, at this juncture, it reaches too broadly. The Court finds that the approach proposed by EcoVest-that the Government be limited initially to 10 third-party document subpoenas-is prudent. The Government is therefore limited to serving 10 third-party subpoenas at this initial stage. The Court DIRECTS both parties to file their respective emails on the Court's Electronic Docket. Signed by Judge Amy Totenberg on 8/2/19. (bnp)
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| Filing 98 Initial Disclosures by Nancy Zak.(Little, Samuel) |
| Filing 97 Initial Disclosures by Claud III Clark.(Hicks, Matthew) |
| Filing 96 CERTIFICATE OF SERVICE for Initial Disclosures by Claud III Clark.(Hicks, Matthew) |
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ORDER (by docket entry only): On July 24, 2019, the Government submitted an email to the Court seeking a telephone conference in order to address two discrete issues concerning the scope of discovery in this case. Specifically, the Government requests "clarification from the Court on two issues: (1) whether the Court's order permits parties to issue subpoenas for the production of documents to non-party or third-party witnesses pursuant to Fed. R. Civ. P. 45; and (2) whether Claud Clark III is required to serve initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1)." July 24, 2019 Email from Government. According to the Government, only Defendant Clark objects to the Government's issuance of subpoenas to non-parties. Id. As to the second issue, the Government's email does not make clear whether Clark is objecting to submitting the required Initial Disclosures. Rather, the email states only that Clark "has not served initial disclosures." Id. Prior to scheduling a telephone conference in this matter, the Court DIRECTS the Government to provide it with additional information concerning the overall nature and scope of the intended non-party discovery. This information should include the general category of the non-party discovery being sought (i.e., customers, the ultimate investors, broker-dealers, financial advisors / appraisers, lawyers, accounts etc.) and the total number of subpoenas being issued for each category. This information shall be submitted to the Court not later than July 30, 2019. Indeed, with Zak and Clark's respective motions to dismiss still pending, the contours of this action are still somewhat in flux. As such, the Court harbors some concern that the Government, at this juncture, may seek to cast too wide a net in its issuance of non-party subpoenas. As to Clark's failure to submit his Initial Disclosures, the Court finds that no good cause exists for any further delay by Clark in complying with the initial disclosure requirements of Fed. R. Civ. P. 26 given that his motion to stay has been denied. See (Doc. #86 ). Thus, the Court DIRECTS Clark to serve his Initial Disclosures upon all other parties forthwith. Once the Court reviews the additional information submitted by the Government, it will determine whether a telephone conference is required. By Judge Amy Totenberg on 7/25/19. (bnp)
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| Filing 95 CERTIFICATE OF SERVICE Regarding Responses to the United States' First Requests for Production of Documents by Ecovest Capital, Inc., Robert M McCullough, Alan N. Solon, Ralph R Teal, Jr..(Miller, Matthew) |
| Filing 94 CERTIFICATE OF SERVICE Regarding Production of Documents by Ecovest Capital, Inc., Robert M McCullough, Alan N. Solon, Ralph R Teal, Jr..(Miller, Matthew) |
| Filing 93 Request for Leave of Absence for the following date(s): August 28 - September 6, October 11-14, November 29, by Erin R. Hines. (Hines, Erin) |
| Filing 92 CERTIFICATE OF SERVICE rule 5.4 Production of Documents by Nancy Zak.(Little, Samuel) |
| Filing 91 CERTIFICATE OF SERVICE Regarding Rule 34 Requests Served on Defendant Nancy Zak by United States.(Smith, Casey) |
| Filing 90 CERTIFICATE OF SERVICE Regarding Rule 34 Requests Served on United States by Ecovest Capital, Inc., Robert M McCullough, Alan N. Solon, Ralph R Teal, Jr..(Miller, Matthew) |
| Filing 89 CERTIFICATE OF SERVICE Regarding Rule 34 Requests Served on Defendant Claud Clark III by United States.(Hines, Erin) |
| Filing 88 CERTIFICATE of Counsel by Matthew V. Miller on behalf of Ecovest Capital, Inc., Robert M McCullough, Alan N. Solon, Ralph R Teal, Jr. (Miller, Matthew) |
| Filing 87 CERTIFICATE of Counsel by Sean Murphy Akins on behalf of Ecovest Capital, Inc., Robert M McCullough, Alan N. Solon, Ralph R Teal, Jr. (Akins, Sean) |
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Filing 86
ORDER denying Zak and Clark's respective #53 , #57 Motions to Stay Discovery. All parties shall begin engaging in documentary discovery forthwith. However, no other discovery shall be permitted until further order of the Court. The Court will extend the discovery period as necessary to ensure no prejudice inures to the parties based upon the timeframe within which the motions to dismiss remain sub judice since during that time period, the parties are only authorized to engage in limited discovery as set forth above. Therefore, eight-month discovery period will commence upon the Court's resolving Zak and Clark's motions to dismiss. Signed by Judge Amy Totenberg on 6/28/2019. (bnp)
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| Filing 85 TRANSCRIPT of Motion Hearing Proceedings held on 6/10/2019, before Judge Amy Totenberg. Court Reporter/Transcriber Shannon R. Welch, RMR, CRR. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/17/2019. Redacted Transcript Deadline set for 7/29/2019. Release of Transcript Restriction set for 9/24/2019. (Attachments: #1 Notice of Filing Transcript) (srw) |
| Filing 84 CERTIFICATE of Compliance by Nicholas Pastan on behalf of Ecovest Capital, Inc., Robert M McCullough, Alan N. Solon, Ralph R Teal, Jr. (Pastan, Nicholas) Modified on 6/26/2019 to edit text (bnp). |
| Filing 83 CERTIFICATE OF SERVICE Regarding Rule 34 Requests Served on Defendants Ecovest Capital, Inc.; Alan N. Solon; Robert M. Mccullough; and Ralph R. Teal, Jr. by United States.(Phillips, Harris) |
| Filing 82 SEALED NOTICE Of Filing of United States' Initial Disclosures by United States re #81 Order (Attachments: #1 Exhibit United States' Initial Disclosures dated April 22, 2019, #2 Exhibit United States' Supplemented Disclosures dated June 14, 2019)(Hines, Erin) Modified on 6/17/2019 to remove "Provisionally" from red text as per #81 Order (bnp). |
| Filing 81 Minute Entry for proceedings held before Judge Amy Totenberg: Status Conference held on 6/10/2019. The Court held an in-person Status Conference / Motion Hearing on June 10, 2019 at 2 PM. During this conference, the Court held oral argument on all pending motions (Docs. #24 , #31 , #41 , #53 and #57 ) and reserved decision as to each. In addition, the Court addressed scope of discovery issues as outlined in the parties' JPRDP. Following this phase of the conference/hearing, the Court directed the Government to submit its Rule 26 disclosures on the docket under seal. The Ecovest Defendants were likewise directed to ensure they have filed their Rule 26 disclosures on the docket. Moreover, the Court directed that the global stay, imposed as of May 10, 2019, remain in place until further order of the Court with the limited exception that the Government and the Ecovest Defendants are authorized to exchange documentary discovery. Following these directives, the conference/hearing was adjourned. (Court Reporter Shannon Welch)(bnp) |
| Filing 80 RESPONSE re Order Regarding Joint Preliminary Report and Discovery Plan filed by United States. (Attachments: #1 RaPower-3 (ECF No. 35), #2 RaPower-3 (ECF No. 37), #3 Tarpey (ECF No. 1), #4 Tarpey (ECF No. 47), #5 Tarpey (ECF No. 61), #6 Meyer (ECF No. 11), #7 Meyer (ECF No. 11-1), #8 Meyer (ECF No. 11-2), #9 Meyer (ECF No. 16), #10 Meyer (ECF No. 22), #11 Meyer (ECF No. 35), #12 Sunderlage (ECF No. 1), #13 Sunderlage (ECF No. 24), #14 Sunderlage (ECF No. 58), #15 Siegal (ECF No. 19), #16 Siegal (ECF No. 26), #17 Siegal (ECF No. 26-1), #18 Siegal (ECF No. 27))(Phillips, Harris) Modified on 6/10/2019 to edit text(bnp). |
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ORDER (by docket text only): The Court hereby DIRECTS Plaintiff to provide it with hard copies of the case documents referenced on pages 24 and 25 of the Parties' Joint Preliminary Report and Discovery Plan ("JPRDP") (Doc. 56) in order to facilitate the Court's review of these documents in conjunction with today's hearing. In addition, the Court FURTHER DIRECTS Plaintiff to set forth how many syndicates and individual defendants were involved in each of the cited cases referenced on pages 24 and 25 of the JPRDP. To the extent feasible, the Court DIRECTS that these documents be filed on the electronic docket forthwith and brought in hard copy to today's hearing. However, in light of the fact that counsel may still be traveling and given the timing of this Order, Plaintiff may, in lieu of filing, provide the documents to the Court at the time of today's hearing and formally file them after the hearing concludes. By Judge Amy Totenberg on 6/10/2019. (bnp)
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| Submission of #67 MOTION file surreply #63 Response (Non-Motion) to District Judge Amy Totenberg. (bnp) |
| Submission of #53 MOTION to Stay discovery, #57 MOTION to Stay Discovery to District Judge Amy Totenberg. (bnp) |
| Filing 79 REPLY to Response to Motion re #53 MOTION to Stay discovery filed by Nancy Zak. (Little, Samuel) |
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Filing 78
ORDER: The Court is setting this matter down for an in-person Status Conference / Motion Hearing on June 10, 2019 at 2 PM. During this conference, the Court intends to hold oral argument on all pending motions (Docs. 24, 31, 41, 53 and 57). In addition, the Court will take up the many issues as set forth in the parties' JPRPD to ensure that this case, which contains a number of complex issues, remains on track. In light of the variety of matters that will be addressed during this conference, the parties are directed to ensure that they remain available in the event the hearing lasts beyond 5 PM. The Court finds it prudent to sua sponte stay all discovery in this matter through the June 10, 2019 hearing date, at which time the Court will take up Defendant Zak and Clark's motions seeking a formal stay of discovery. Signed by Judge Amy Totenberg on 5/10/2019. (bnp)
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| Filing 77 CERTIFICATE of Counsel re #8 Order, by Eric Martin Aberg on behalf of United States (Aberg, Eric) |
| Filing 76 NOTICE of Appearance by Eric Martin Aberg on behalf of United States (Aberg, Eric) |
| Filing 75 CERTIFICATE of Counsel re #8 Order, by Alison A. Yewdell on behalf of United States (Yewdell, Alison) |
| Filing 74 CERTIFICATE of Counsel re #8 Order, by Casey S. Smith on behalf of United States (Smith, Casey) |
| Filing 73 NOTICE of Appearance by Casey S. Smith on behalf of United States (Smith, Casey) |
| Filing 72 CERTIFICATE of Counsel re #8 Order, by Richard Gerald Rose on behalf of United States (Rose, Richard) |
| Filing 71 NOTICE of Appearance by Alison A. Yewdell on behalf of United States (Yewdell, Alison) |
| Filing 70 CERTIFICATE of Counsel re #8 Order, by Harris Phillips on behalf of United States (Phillips, Harris) |
| Filing 69 NOTICE of Appearance by Richard Gerald Rose on behalf of United States (Rose, Richard) |
| Filing 68 NOTICE of Appearance by Harris Phillips on behalf of United States (Phillips, Harris) |
| Filing 67 MOTION file surreply #63 Response (Non-Motion) by Nancy Zak. (Attachments: #1 Exhibit proposed surreply, #2 Text of Proposed Order proposed order)(Little, Samuel) |
| Filing 66 NOTICE Of Filing by United States re #65 Response (Non-Motion) of Exhibit 1, Order in Meyer case denying motion to reconsider (Hines, Erin) |
| Filing 65 REPLY to Defendant Zak's #63 Response to the United States' #58 Notice of Supplemental Authority filed by United States. (Hines, Erin) Modified on 5/3/2019 to edit text and link to motions #24 , #31 , #41 (bnp). |
| Filing 64 Notice for Leave of Absence for the following date(s): July 12,15,16,17,18,19,29,30,31 and August 1,2,2019., by Samuel Fenn Little, Jr. (Little, Samuel) |
| Filing 63 RESPONSE re #58 Notice of Supplemental Authority filed by Nancy Zak. (Attachments: #1 Exhibit Meyer mtn to reconsider)(Little, Samuel) Modified on 5/1/2019 to edit text and link to motions #24 , #31 , #41 (bnp). |
| NOTICE Scheduling Hearing by docket entry only: Hearing set for 5/30/2019 at 02:30 PM in ATLA Courtroom 2308 before Judge Amy Totenberg. (hfm) |
| Filing 62 RESPONSE in Opposition re #57 MOTION to Stay Discovery, #53 MOTION to Stay discovery filed by United States. (Hines, Erin) |
| Filing 61 Notice for Leave of Absence for the following date(s): 6/16-6/22/2019, 6/24-6/28/2019, 7/1-7/5/2019, 7/9-7/19/2019, 9/5-9/9/2019, 9/23-9/27/2019, 11/25-11/29/2019. 12/23-12/27/2019, 12/30/2019-1/3/2020, by Robert C. Khayat, Jr. (Khayat, Robert) |
| Filing 60 CERTIFICATE of Counsel re #8 Order, Certificate of Compliance by Robert C. Khayat, Jr on behalf of Claud III Clark (Khayat, Robert) Modified on 4/25/2019 to edit text (bnp). |
| Submission of #41 MOTION to Dismiss to District Judge Amy Totenberg. (bnp) |
| Filing 59 REPLY to Response to Motion re #41 MOTION to Dismiss filed by Claud III Clark. (Khayat, Robert) |
| Filing 58 NOTICE of Supplemental Authority in Support of #24 MOTION to Strike Defenses raised by the EcoVest Defendants and #50 Response in Opposition to Motion, #47 Response in Opposition to Motion by United States (Hines, Erin) Modified on 4/23/2019 to edit text (bnp). |
| Submission of #56 Joint Preliminary Report and Discovery Plan to District Judge Amy Totenberg. (bnp) |
| Submission of #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to District Judge Amy Totenberg. (bnp) |
| Filing 57 MOTION to Stay Discovery with Brief In Support by Claud III Clark. (Attachments: #1 Brief, #2 Text of Proposed Order)(Khayat, Robert) |
| Filing 56 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by United States. (Hines, Erin) |
| Filing 55 Initial Disclosures by Ecovest Capital, Inc., Robert M McCullough, Alan N. Solon, Ralph R Teal, Jr..(Tate, Thomas) |
| Filing 54 REPLY to Response to Motion re #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Nancy Zak. (Little, Samuel) |
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ORDER, by docket entry only granting, #52 Application for Admission Pro Hac Vice of Petitioner Sae Jin Yoon. By Judge Amy Totenberg on 4/17/19. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(hfm)
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| APPROVAL by Clerks Office re: #52 APPLICATION for Admission of Sae Jin Yoon Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8584870). Attorney Robert C. Khayat, Jr. added appearing on behalf of Claud III Clark (jkm) |
| Filing 53 MOTION to Stay discovery by Nancy Zak. (Attachments: #1 Text of Proposed Order proposed order)(Little, Samuel) |
| Filing 52 APPLICATION for Admission of Sae Jin Yoon Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8584870)by Claud III Clark. (Attachments: #1 Text of Proposed Order)(Khayat, Robert) |
| Submission of #24 MOTION to Strike #15 Answer to Complaint, Defenses raised by the EcoVest Defendants to District Judge Amy Totenberg. (bnp) |
| Filing 51 REPLY to Response to Motion re #24 MOTION to Strike #15 Answer to Complaint, Defenses raised by the EcoVest Defendants filed by United States. (Hines, Erin) |
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ORDER (by docket entry only) granting #45 Application for Admission Pro Hac Vice of Petitioner Marianna Jackson. By Judge Amy Totenberg on 4/10/19. (hfm)
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| Filing 50 RESPONSE in Opposition re #41 MOTION to Dismiss by Defendant Clark filed by United States. (Hines, Erin) |
| APPROVAL by Clerks Office re: #45 APPLICATION for Admission of Marianna Jackson Pro Hac Vice (Application fee $ 150, receipt number 113E-8551778). Attorney Marianna F. Jackson added appearing on behalf of Ecovest Capital, Inc., Robert M McCullough, Alan N. Solon, Ralph R Teal, Jr. (pmb) |
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Filing 49
ORDER granting #46 Motion for Leave to File Excess Pages. The United States is granted leave to exceed by 10 pages the limit imposed by Local Rule 7.1D in its memorandum in opposition to Defendant Zak's Motion to Dismiss. Signed by Judge Amy Totenberg on 4/8/2019. (bnp)
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| Filing 48 NOTICE of Errata by United States re #47 Response in Opposition to #31 Motion to Dismiss (Hines, Erin) Modified on 4/8/2019 to edit text (bnp). |
| Filing 47 RESPONSE in Opposition re #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Zak filed by United States. (Hines, Erin) |
| Filing 46 Consent MOTION for Leave to File Excess Pages with respect to the United States' Opposition to Defendant Zak's Motion to Dismiss with Brief In Support by United States. (Attachments: #1 Text of Proposed Order)(Hines, Erin) |
| Submission of #46 Consent MOTION for Leave to File Excess Pages to District Judge Amy Totenberg. (bnp) |
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ORDER by docket entry only granting #42 Application for Admission Pro Hac Vice of Petitioner Sean Murphy Akins. By Judge Amy Totenberg on 4/4/19. (hfm)
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| APPROVAL by Clerks Office re: #42 APPLICATION for Admission of Sean Murphy Akins Pro Hac Vice. Attorney Sean Murphy Akins added appearing on behalf of Ecovest Capital, Inc., Robert M McCullough, Alan N. Solon, Ralph R Teal, Jr. (pmb) |
| Filing 45 APPLICATION for Admission of Marianna Jackson Pro Hac Vice (Application fee $ 150, receipt number 113E-8551778)by Ecovest Capital, Inc., Robert M McCullough, Alan N. Solon, Ralph R Teal, Jr.. (Tate, Thomas) |
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ORDER (by docket entry only) granting #35 , #36 , #39 , and #40 Applications for Admission Pro Hac Vice of Petitioners Matthew C. Hicks, Ross R. Sharkey, Matthew Voll Miller, and Nicholas Olenik Pastan. By Judge Amy Totenberg on 4/1/19. (hfm)
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| APPROVAL by Clerks Office re: #40 APPLICATION for Admission of Ross R. Sharkey Pro Hac Vice (Application fee $ 150, receipt number 113E-8539223). Attorney Robert C. Khayat, Jr. added appearing on behalf of Claud III Clark (jkm) |
| APPROVAL by Clerks Office re: #35 APPLICATION for Admission of Matthew Voll Miller Pro Hac Vice (Application fee $ 150, receipt number 113E-8534035). Attorney Matthew Voll Miller added appearing on behalf of Ecovest Capital, Inc., Robert M McCullough, Alan N. Solon, Ralph R Teal, Jr. (pmb) |
| APPROVAL by Clerks Office re: #39 APPLICATION for Admission of Matthew C. Hicks Pro Hac Vice (Application fee $ 150, receipt number 113E-8539209). Attorney Robert C. Khayat, Jr. added appearing on behalf of Claud III Clark (jkm) |
| APPROVAL by Clerks Office re: #36 APPLICATION for Admission of Nicholas Olenik Pastan Pro Hac Vice (Application fee $ 150, receipt number 113E-8534166). Attorney Nicholas Pastan added appearing on behalf of Ecovest Capital, Inc., Robert M McCullough, Alan N. Solon, Ralph R Teal, Jr. (pmb) |
| Filing 44 NOTICE Of Filing Amended Memorandum of Law In Support of Motion to Dismiss by Claud III Clark re #41 MOTION to Dismiss (Attachments: #1 Exhibit Amended Memorandum of Law In Support of Motion to Dismiss)(Khayat, Robert) |
| Filing 43 RESPONSE in Opposition re #24 MOTION to Strike #15 Answer to Complaint, Defenses raised by the EcoVest Defendants filed by Ecovest Capital, Inc., Robert M McCullough, Alan N. Solon, Ralph R Teal, Jr.. (Clack-Freeman, Elizabeth) |
| Filing 42 APPLICATION for Admission of Sean Murphy Akins Pro Hac Vice by Ecovest Capital, Inc., Robert M McCullough, Alan N. Solon, Ralph R Teal, Jr.. (Tate, Thomas) |
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ORDER by docket entry only granting #28 Application for Admission Pro Hac Vice of Petitioner Nathan E Clukey. By Judge Amy Totenberg on 3/27/19. (hfm)
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| Filing 41 MOTION to Dismiss with Brief In Support by Claud III Clark. (Attachments: #1 Brief, #2 Exhibit A)(Khayat, Robert) |
| Filing 40 APPLICATION for Admission of Ross R. Sharkey Pro Hac Vice (Application fee $ 150, receipt number 113E-8539223)by Claud III Clark. (Attachments: #1 Text of Proposed Order)(Khayat, Robert) |
| Filing 39 APPLICATION for Admission of Matthew C. Hicks Pro Hac Vice (Application fee $ 150, receipt number 113E-8539209)by Claud III Clark. (Attachments: #1 Text of Proposed Order)(Khayat, Robert) |
| Filing 38 NOTICE of Appearance by Robert C. Khayat, Jr on behalf of Claud III Clark (Khayat, Robert) |
| APPROVAL by Clerks Office re: #28 APPLICATION for Admission of Nathan E Clukey Pro Hac Vice (Application fee $ 150, receipt number 113E-8529707). Attorney Nathan E. Clukey added appearing on behalf of Nancy Zak (pmb) |
| RETURN of #30 APPLICATION for Admission of Sean Murphy Adams Pro Hac Vice (Application fee $ 150, receipt number 113E-8531399) to attorney for correction re: petitioner's name. (pmb) |
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ORDER by docket entry only granting #29 Application for Admission Pro Hac Vice of Petitioner Matthew D Lerner. By Judge Amy Totenberg on 3/26/19. (hfm)
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Filing 37
ORDER granting #32 Motion for Leave to File Excess Pages. Defendant is granted leave to exceed by 10 pages the limit imposed by Local Rule 7.1 in her Memorandum of Law in Support of Motion to Dismiss. Signed by Judge Amy Totenberg on 3/25/2019. (bnp)
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| Filing 36 APPLICATION for Admission of Nicholas Olenik Pastan Pro Hac Vice (Application fee $ 150, receipt number 113E-8534166)by Ecovest Capital, Inc., Robert M McCullough, Alan N. Solon, Ralph R Teal, Jr.. (Tate, Thomas) |
| Filing 35 APPLICATION for Admission of Matthew Voll Miller Pro Hac Vice (Application fee $ 150, receipt number 113E-8534035)by Ecovest Capital, Inc., Robert M McCullough, Alan N. Solon, Ralph R Teal, Jr.. (Tate, Thomas) |
| Submission of #32 Consent MOTION for Leave to File Excess Pages to District Judge Amy Totenberg. (bnp) |
| APPROVAL by Clerks Office re: #29 APPLICATION for Admission of Matthew D Lerner Pro Hac Vice (Application fee $ 150, receipt number 113E-8529708). Attorney Samuel Fenn Little, Jr. added appearing on behalf of Nancy Zak (jkm) |
| Filing 34 AFFIDAVIT Certificate of Compliance by Nancy Zak. (Little, Samuel) |
| Filing 33 Certificate of Interested Persons by Nancy Zak. (Little, Samuel) |
| Filing 32 Consent MOTION for Leave to File Excess Pages by Nancy Zak. (Little, Samuel) |
| Filing 31 MOTION to Dismiss complaint with Brief In Support by Nancy Zak. (Attachments: #1 Brief memorandum in support of motion to dismiss)(Little, Samuel) Modified on 3/25/2019 to edit event (bnp). |
| Filing 30 APPLICATION for Admission of Sean Murphy Adams Pro Hac Vice (Application fee $ 150, receipt number 113E-8531399)by Ecovest Capital, Inc., Robert M McCullough, Alan N. Solon, Ralph R Teal, Jr.. (Tate, Thomas) |
| Filing 29 APPLICATION for Admission of Matthew D Lerner Pro Hac Vice (Application fee $ 150, receipt number 113E-8529708)by Nancy Zak. (Little, Samuel) |
| Filing 28 APPLICATION for Admission of Nathan E Clukey Pro Hac Vice (Application fee $ 150, receipt number 113E-8529707)by Nancy Zak. (Little, Samuel) |
| Filing 27 NOTICE of Appearance by Samuel Fenn Little, Jr on behalf of Nancy Zak (Little, Samuel) |
| Filing 26 CERTIFICATE of Counsel by Benjamin John Razi on behalf of Ecovest Capital, Inc., Robert M McCullough, Alan N. Solon, Ralph R Teal, Jr. (Razi, Benjamin) |
| Filing 25 Corporate Disclosure Statement by Ecovest Capital, Inc., Robert M McCullough, Alan N. Solon, Ralph R Teal, Jr. by Ecovest Capital, Inc., Robert M McCullough, Alan N. Solon, Ralph R Teal, Jr..(Tate, Thomas) |
| Filing 24 MOTION to Strike #15 Answer to Complaint, Defenses raised by the EcoVest Defendants with Brief In Support by United States. (Attachments: #1 Text of Proposed Order)(Hines, Erin) |
| Filing 23 Request for Leave of Absence for the following date(s): May 3, 2019, June 6, 7, 2019, and June 10 - 21, 2019, by Thomas T. Tate. (Tate, Thomas) |
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ORDER by docket entry only: On March 6, 2019, Plaintiff filed a motion [Doc. 19] seeking "an enlargement of time to complete the tasks contained in the initial scheduling deadlines of [the applicable Local Civil Rules] and an enlargement of time for the Court to issue the scheduling order in this case." Id. Thereafter, on March 11, 2019, the Ecovest Defendants filed opposition citing their interest to a "prompt hearing on the Government's contested claims." (Doc. 21). Having considered the parties' respective positions, the Court hereby GRANTS Plaintiff's motion IN PART. Specifically, as to the applicable deadlines set forth in Local Civil Rules 16.1, 16.2, 26.1 and 26.2, the trigger date for completion of such tasks shall be March 22, 2019. Therefore, the clock starts running as of that date. By Judge Amy Totenberg on 3/12/19. (hfm)
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| Filing 22 CERTIFICATE of Counsel re #8 Order, by Elizabeth L. Clack-Freeman on behalf of Ecovest Capital, Inc., Robert M McCullough, Alan N. Solon, Ralph R Teal, Jr. (Clack-Freeman, Elizabeth) |
| Filing 21 RESPONSE in Opposition re #19 MOTION for Extension of Time to Complete Initial Scheduling Deadlines in Local Rules filed by Ecovest Capital, Inc., Robert M McCullough, Alan N. Solon, Ralph R Teal, Jr.. (Tate, Thomas) |
| Filing 20 CERTIFICATE of Counsel re #8 Order, by Thomas T. Tate on behalf of Ecovest Capital, Inc., Robert M McCullough, Alan N. Solon, Ralph R Teal, Jr. (Tate, Thomas) |
| Filing 19 MOTION for Extension of Time to Complete Initial Scheduling Deadlines in Local Rules with Brief In Support by United States. (Attachments: #1 Text of Proposed Order)(Hines, Erin) |
| Filing 18 CERTIFICATE of Counsel re #8 Order, by Erin R. Hines on behalf of United States (Hines, Erin) |
| Filing 17 Notice for Leave of Absence for the following date(s): April 1-5, 8, 9, May 24, July 1-5, 8-12, 15, 2019, by Elizabeth L. Clack-Freeman. (Clack-Freeman, Elizabeth) |
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ORDER by docket entry only, granting #11 Application for Admission Pro Hac Vice of Petitioner Benjamin John Razi. By Judge Amy Totenberg on 2/21/19. (hfm)
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| Filing 16 Request for Leave of Absence for the following date(s): March 14, 15, 18, 29, 2019, by Thomas T. Tate. (Tate, Thomas) |
| Filing 15 ANSWER to #1 COMPLAINT by Ecovest Capital, Inc., Robert M McCullough, Alan N. Solon, Ralph R Teal, Jr.. Discovery ends on 7/22/2019.(Tate, Thomas) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| APPROVAL by Clerks Office re: #11 APPLICATION for Admission of Benjamin John Razi Pro Hac Vice (Application fee $ 150, receipt number 113E-8454056). Attorney Benjamin John Razi added appearing on behalf of Ecovest Capital, Inc., Robert M McCullough, Alan N. Solon, Ralph R Teal, Jr. (pmb) |
| Filing 14 WAIVER OF SERVICE Returned Executed by United States. Nancy Zak waiver mailed on 12/20/2018, answer due 2/19/2019. (Hines, Erin) |
| Filing 13 WAIVER OF SERVICE Returned Executed by United States. Claud III Clark waiver mailed on 12/20/2018, answer due 2/19/2019. (Hines, Erin) |
| Filing 12 WAIVER OF SERVICE Returned Executed by United States. Ecovest Capital, Inc. waiver mailed on 12/20/2018, answer due 2/19/2019; Robert M McCullough waiver mailed on 12/20/2018, answer due 2/19/2019; Alan N. Solon waiver mailed on 12/20/2018, answer due 2/19/2019; Ralph R Teal, Jr. waiver mailed on 12/20/2018, answer due 2/19/2019. (Hines, Erin) |
| Filing 11 APPLICATION for Admission of Benjamin John Razi Pro Hac Vice (Application fee $ 150, receipt number 113E-8454056)by Ecovest Capital, Inc., Robert M McCullough, Alan N. Solon, Ralph R Teal, Jr.. (Tate, Thomas) |
| Filing 10 NOTICE of Appearance by Thomas T. Tate on behalf of Ecovest Capital, Inc., Robert M McCullough, Alan N. Solon, Ralph R Teal, Jr. (Tate, Thomas) |
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Filing 9
Administrative Order Staying Civil Proceedings in Light of Lapse Appropriations. Signed by Judge Thomas W. Thrash, Jr. on 12/26/2018. (bdb)
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Filing 8
STANDING ORDER: GUIDELINES TO PARTIES AND COUNSEL IN CASES PROCEEDING BEFORE THE HONORABLE AMY TOTENBERG. You are required to sign and file a Certificate of Compliance in a format consistent with the Certificate of Compliance attached hereto. To request to file material under seal, the Parties should follow the mechanism described in Section II(J) of Appendix H to the Court's Local Civil Rules. Signed by Judge Amy Totenberg on 12/21/2018. (bdb)
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| Filing 7 Electronic Summons Issued as to Claud III Clark. (usw) |
| Filing 6 Electronic Summons Issued as to Nancy Zak. (usw) |
| Filing 5 Electronic Summons Issued as to Ralph R Teal, Jr.. (usw) |
| Filing 4 Electronic Summons Issued as to Alan N. Solon. (usw) |
| Filing 3 Electronic Summons Issued as to Robert M McCullough. (usw) |
| Filing 2 Electronic Summons Issued as to Ecovest Capital, Inc.. (usw) |
| Filing 1 COMPLAINT filed by United States. (Attachments: #1 Civil Cover Sheet)(usw) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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